However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

[Criminal Power] On December 17, 2008, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine for a violation of the Road Traffic Act (driving). On December 9, 2016, the Defendant received a summary order of KRW 4 million from the Busan District Court's Dong Branch to a fine for the same crime.

【Criminal Facts】

On May 14, 2020, at around 14:09, the Defendant driven FOba while under the influence of alcohol with approximately 0.277% of blood alcohol concentration from the 1km section from the front road in Busan-gu B to the front road in the same Gu E.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (attached to the same criminal records and summary orders) Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the various sentencing conditions as shown in the Criminal Act; (b) the Defendant’s age, character and conduct, environment; (c) motive and circumstance of the instant crime; (d) the means and consequence after the instant crime was committed;

The favorable sentencing condition: The sentencing condition that acknowledges and reflects the crime of this case, and the sentencing condition that is disadvantageous to the fact that there is no record of criminal punishment except the criminal records in the judgment: the defendant committed the crime of this case again even though he was subject to two criminal punishment due to drinking driving, and the blood alcohol concentration of the defendant at the time is considerably high.